II 

112TH CONGRESS 

1ST SESSION S. 995 

To amend title 18, United States Code, to prohibit public officials from 

engaging in undisclosed self-dealing. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2011 

Mr. KIRK introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit public 

officials from engaging in undisclosed self-dealing. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Officials Ac5 countability Act’’. 

6 SEC. 2. PROHIBITION ON UNDISCLOSED SELF-DEALING BY 

7 PUBLIC OFFICIALS. 

8 (a) IN GENERAL.—Chapter 63 of title 18, United 

9 States Code, is amended by inserting after section 1346 

10 the following new section: 


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1 ‘‘§ 1346A. Undisclosed self-dealing by public officials 

2 ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC OFFI3 CIALS.—For purposes of this chapter, the term ‘scheme 

4 or artifice to defraud’ also includes a scheme or artifice 

5 by a public official to engage in undisclosed self-dealing. 

6 ‘‘(b) DEFINITIONS.—As used in this section: 

7 ‘‘(1) OFFICIAL ACT.—The term ‘official act’— 

8 ‘‘(A) includes any act within the range of 

9 official duty, and any decision, recommendation, 

10 or action on any question, matter, cause, suit, 

11 proceeding, or controversy, which may at any 

12 time be pending, or which may by law be 

13 brought before any public official, in such pub14 lic official’s official capacity or in such official’s 

15 place of trust or profit; 

16 ‘‘(B) may be a single act, more than one 

17 act, or a course of conduct; and 

18 ‘‘(C) includes a decision or recommenda19 tion that a government should not take action. 

20 ‘‘(2) PUBLIC OFFICIAL.—The term ‘public offi21 cial’ means an officer, employee, or elected or ap22 pointed representative, or person acting for or on be23 half of, the United States, a State, or a subdivision 

24 of a State, or any department, agency or branch of 

25 government thereof, in any official function, under 


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1 or by authority of any such department, agency, or 

2 branch of government. 

3 ‘‘(3) STATE.—The term ‘State’ includes a State 

4 of the United States, the District of Columbia, and 

5 any commonwealth, territory, or possession of the 

6 United States. 

7 ‘‘(4) UNDISCLOSED SELF-DEALING.—The term 

8 ‘undisclosed self-dealing’ means that— 

9 ‘‘(A) a public official performs an official 

10 act for the purpose, in whole or in part, of ben11 efitting or furthering a financial interest of— 

12 ‘‘(i) the public official; 

13 ‘‘(ii) the spouse or minor child of a 

14 public official; 

15 ‘‘(iii) a general business partner of the 

16 public official; 

17 ‘‘(iv) a business or organization in 

18 which the public official is serving as an 

19 employee, officer, director, trustee, or gen20 eral partner; or 

21 ‘‘(v) an individual, business, or orga22 nization with whom the public official is 

23 negotiating for, or has any arrangement 

24 concerning, prospective employment or fi25 nancial compensation; and 


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1 ‘‘(B) the public official knowingly falsifies, 

2 conceals, covers up, or fails to disclose material 

3 information regarding that financial interest 

4 that is required to be disclosed by any Federal, 

5 State, or local statute, rule, regulation, or char6 ter applicable to the public official.’’. 

7 (b) CONFORMING AMENDMENT.—The table of sec8 tions for chapter 63 of title 18, United States Code, is 

9 amended by inserting after the item relating to section 

10 1346 the following new item: 

‘‘1346A. Undisclosed self-dealing by public officials.’’. 

11 (c) APPLICABILITY.—The amendments made by this 

12 section apply to acts engaged in on or after the date of 

13 the enactment of this Act. 

Æ 


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